The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1887-10-05
CITATION.
THE STATE OF TEXAS.
To THE SHERIFF OR ANY CONSTABLE or
DALLAS CoUNTY-GREErING

TO THE SHERIFF OR ANY CONSTABLE OF
DALLAS C0UNTY-GREErING
You are hereby commanded, that by max
ing publication OF this citation In some
newspaper, published In the county OF
Dallas, for four successive weeks previous
to the return day hereof, you summon a.
n. Cartel Eva May Carter and N. Wheeler
whose residence Is unknown, to be and ap-
pear before the district court, to be holden
In and for the county of Dallas, at the court
house thereof. In the city OF Dallas, on the
End Monday in October next. then and
there to answer. to the petition OF G. w.
Smith filed in said court, on the fourteenth
day Of September, A. d., 1887 against the
said A. n Carter, Eva May Carter and n.
Wheeler, and alleging In substance rs fol.
lows, tO-wit:
That on or about October Ind 1871, G.. II.
Smith, the father OF plil, made and entered
into a copartnershIp with W. II. Carter,..of
the city of Houston. Texas. Tor the purpose
OF buying and selling the Wheeler II Wilson
sewing machines, and among other things
1t was stipulated that q. II. Smith should
put into the BUSINESS 10, 10000 with which
he fully compiled, and that he Smith should
share In the ratio of of the profits of said
business. PHI further AYERS that in the
year 1876 Il. ii Smith departed this life in
Knox county, Tennessee, bequeathed by mis-
last will and testiment all of his interest in
W PIN, WnltH VIII
was duly pr0bated and recorded in Knox
county, Tennessee. Pin further AYERS that
the said w. Il. Carter departed this life dur
ing the year OF 1874 and that before dying
he published his last will and testament
which was probated in Harris county,
Texas, during said year, and by said
will he bequeathed TO A. N.
Carter Il large amount of property
he was supposed TO own, and to defendant,
'ut.f nr sIlin
owned by your petitioner. Plaintiff AYERS
that the said W. H. Carter was Insoyent ut
the time of his death and the copartner-
ship was largely involved III debt, and the
said A. N, Carter qualified in Que time rs
such executor and proceeded TO settle up
the business of saie cOpartncrship. Plain
tif further AYERS that the following de-
scribed property had been during the exist
ence OF SAID cOpartnership transferred to
defendant, n. Wheeler, president OF Wheel
er Il Wilson Sewing Machine company. to
secure said company in u debt owing to them
by said copartnership by deed of trust.
That said defendant has been paid off and
discharged. That on or about july II,
1877, plaintiff and defendant, A. N Carter,
executor rs aforesaid, in order TO settle up
the business of SAID copartnership entered
into IN agreement, by the terms of which
IL was agreed That plaihtifl should take in
full satisfaction OF his interest said lands,
said defendant Wheeler, TO make to your
pla ntll II deed for the right, title and inter-
est which he held as trustee TO said prop
erty. Plaintiff AYERS that he entered into
the possession of said property at the date
OF said agreement and has occupied and
held same ever since. That the said N.
Wheeler, though often requested, has failed
and refused to execute deed oil release TO
said properly, and that the other defend-
ants (Carters) are setting up some pretend
ed claim or title to said property, the nature
and extent of which is not known TO plain
till. Said property Is situated in Dallas
county, Texas, as follows Lots and of
the Reded addition, being in the corpor-
ate limits of the city of Dallas, part of the
John Grigsby league and part of 1000
acre tract bought by Thos. Field of Il. G.
Thos. Field by w. Il. Carter a. Co. Also
east half of lot No. . in block No 80 accord
ing to the original map OF the city OF Dallas.
also that tract of land lying and being situ-
ated in the northeast angle of intersection
of Portland and Cadiz streets, in the Young
and Browder subdivision OF the city OF Dal-
las, being lot fronting on Portland street
and numbered in Odelfs plot of said
tract ,beginnig..at point on thehortheast side
OF Portland street n. 10 w. 70 eet from n.
n. angle OF intersection of said Portland
and CadiZ street. Thence 5. 4j W. 30 feet;
thence n. Al II. l39 feet; thence 5. 40 h. 30
feet; thence 5. 10 W. l30 feet to OF be-
ginning.
Also one lot and building in block los
Smith, Martin ~ Murphey's addition to
city of Dallas conveyed by Thomas Field
to W. h. Carter IL Co.. recorded in Dallas
County Records, book No. 45 and l6. That
the residence OF defendants is unknown to
plaintiffs. prays Judgment against Vince
Ter, and other defendants, dlvesting
title out of them and vest
ing in plaintiff; that all cloud cast
upon plaintiff title be removed; that he
have "A perfect title to said property, for
costs, etc.
Herein fail not, but have you then and
there before said court this writ, with your
return thereon, showing you have executed
the same.
Witness, IL. w. Jones, clerk of county
- court of Dallas county. Given
under my hand and seal of said
L's' court, in the city of Dallas, this
- the nth day of September, A. ID.
1887.
ii. W. JONES,
Clerk District Court Dallas Co.
BY j. IL. STEW ART, Deputy.